§ 1584. — 1584. (Amended by Stats. 1999, Ch. 658, Sec. 3.)

California § 1584.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 2.: DIVISION 2. LICENSING PROVISIONS
• Ch. 3.3.: CHAPTER 3.3. California Adult Day Health Care Act
• Art. 4.: ARTICLE 4. Standards and Inspection

Text

(a)
An adult day health care center that provides care for adults with Alzheimer’s disease and other dementias may install for the safety and security of those persons secured perimeter fences or egress control devices of the time-delay type on exit doors.
(b)
As used in this section, “egress control device” means a device that precludes the use of exits for a predetermined period of time. These devices shall not delay any participant’s departure from the center for longer than 30 seconds. Center staff may attempt to redirect a participant who attempts to leave the center.
(c)
Adult day health care centers installing security devices pursuant to this section shall meet all of the following requirements:
(1)
The center shall be subject to all fire and building codes, regulations, and standards applicable to adult day health care centers using egress control devices or secured perimeter fences and shall receive a fire clearance from the fire authority having jurisdiction for the egress control devices or secured perimeter fences.
(2)
The center shall maintain documentation of diagnosis by a physician of a participant’s Alzheimer’s disease or other dementia.
(3)
The center shall provide staff training regarding the use and operation of the egress control devices utilized by the center, the protection of participants’ personal rights, wandering behavior and acceptable methods of redirection, and emergency evacuation procedures for persons with dementia.
(4)
All admissions to the center shall continue to be voluntary on the part of the participant or with consent of the participant’s conservator, an agent of the participant under a power of attorney for health care, or other person who has the authority to act on behalf of the participant. Persons who have the authority to act on behalf of the participant include the participant’s spouse or closest available relative.
(5)
The center shall inform all participants, conservators, agents, and persons who have the authority to act on behalf of participants of the use of security devices. The center shall maintain a signed participation agreement indicating the use of the devices and the consent of the participant, conservator, agent, or person who has the authority to act on behalf of the participant. The center shall retain the original statement in the participant’s files at the center.
(6)
The use of egress control devices or secured perimeter fences shall not substitute for adequate staff. Staffing ratios shall at all times meet the requirements of applicable regulations.
(7)
Emergency fire and earthquake drills shall be conducted at least once every three months, or more frequently as required by a county or city fire department or local fire prevention district. The drills shall include all center staff and volunteers providing participant care and supervision. This requirement does not preclude drills with participants as required by regulations.
(8)
The center shall develop a plan of operation approved by the department that includes a description of how the center is to be equipped with egress control devices or secured perimeter fences that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143. The plan shall include, but not be limited to, the following:
(A)
A description of how the center will provide training for staff regarding the use and operation of the egress control device utilized by the center.
(B)
A description of how the center will ensure the protection of the participant’s personal rights consistent with applicable regulations.
(C)
A description of the center’s emergency evacuation procedures for persons with Alzheimer’s disease and other dementias.
(d)
This section does not require an adult day health care center to use security devices in providing care for persons with Alzheimer’s disease and other dementias.

Legislative History

Amended by Stats. 1999, Ch. 658, Sec. 3. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.